The lawyer for an alleged serial robber is trying to stop the Marin Independent Journal from publishing photographs it has already published.

"We consider this an outrageous attempt at censorship, and we're going to fight this vigorously in court," said Robert Sterling, editor of the newspaper. "Courts across the country have repeatedly rejected efforts such as this to weaken the First Amendment."

The subject of the photos is Christopher Jay Wootton, the Larkspur man charged with robbing 11 Marin banks and pulling a gun on two policemen. Wootton, 60, was arrested after being shot by a sheriff's deputy after a chase into Terra Linda.

Because of his injuries, Wootton has been rolled to court in a wheelchair. While most inmates can be escorted from jail to court on foot through interior passageways, the few in wheelchairs must be rolled outside the building briefly so they can be taken to elevators.

At Wootton's initial court appearance on Dec. 19, the Independent Journal asked Judge James Chou for permission to take pictures of the defendant in court. Wootton's public defender objected. The prosecution did not object.

The judge denied the motion without prejudice, meaning he was open to reconsidering at a later date.

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Having been denied photo access in open court, the Independent Journal photographer took pictures of Wootton outside the courthouse as he was being rolled back to Marin County Jail. The newspaper, which is a member of the Associated Press news cooperative, shared the photograph with other media organizations.

During a followup hearing on Dec. 27, the public defender, Michael Coffino, asked a different judge to prohibit the Independent Journal from taking Wootton's picture outside court in the future. Coffino said the newspaper violated "the spirit" of Judge Chou's order, jeopardized Wootton's right to a fair trial and discriminated against his disability.

The second judge, Andrew Sweet, denied the oral request. He said he doubted he had the authority to tell the news media not to take photographs outside at a public facility. He also said Coffino had filed no written briefs for him to consider.

On Jan. 29, Coffino filed a motion seeking to enjoin the Independent Journal and other media from publishing the photos of Wootton being transported to and from court. Coffino argued that the photos could taint witnesses and potential jurors. He said Wootton's constitutional right to a fair trial outweighs the Independent Journal's constitutional press freedoms.

Coffino also argued that judges have the right to restrict the media not just inside the courtroom, but at the courthouse "generally," including the entrances and exits. Marin Superior Court occupies one portion of the sprawling Civic Center building.

The Marin Independent Journal, which routinely publishes photos of criminal defendants after their arrests or in court, said the media's constitutional rights are firmly established. The newspaper's lawyer, Duffy Carolan, is filing an opposition this week in Marin Superior Court.

Carolan said both the federal and state constitutions provide strong protections against prior restraint of the media by the government, and that Wootton's case does not come close to overcoming them.

"Neither the facts of this case nor the law of this nation support the issuance an order barring a newspaper from further publishing photographs it lawfully obtained and which already are available on the Internet for anyone who has a browser," wrote Carolan, a partner at Jassy Vick Carolan LLP in San Francisco.

Peter Scheer, executive director of the First Amendment Coalition, said the Superior Court has "zero authority to order a newspaper not to publish a news story, photograph or other content that the paper already has in its possession."

"The court's only discretion in this area is limited to trying to deny a news organization, in advance, the opportunity to obtain a photo or information," Scheer said in an email. "For example, the court can gag lawyers so they can't comment; it can forbid cameras inside the courtroom. But once the media obtain a photo or information, a court cannot lawfully enjoin publication."

A hearing on the photography issue is scheduled for Feb. 21 before Judge Chou.

Wootton is accused of robbing or trying to rob banks in San Rafael, Mill Valley, Corte Madera, San Anselmo, Greenbrae and Novato. He could face up to life in prison under the three-strikes law because he has prior convictions for kidnapping and residential burglary.

Wootton still requires a wheelchair for his court appearances, sheriff's Lt. Jamie Scardina said Monday.